Special Permit: Homeowners Can’t Challenge Industrial Neighbor’s Mining Permit

Tuesday, July 09, 2013 12:00 am
Land Use Law Report, Volume 41, Number 7

Homeowners who live along a stretch of river in Virginia didn’t have standing to challenge a permit that will allow an industrial neighbor to mine for sand and gravel on its property.

Facts: A group of landowners challenged a permit that allowed a neighbor to develop a sand and gravel mining operation on its riverbank property. Two of the complainants, John D. Mitchell and Sally Jane Raines Kizer, own land along the Rappahannock River in Caroline County, Virginia. Mitchell uses his property for hunting and fishing, and Kizer uses her property as farmland and rents out the farmhouse. Mitchell’s and Kizer’s properties abut the land at issue here, which is owned by Black Marsh Farm, Inc. and Vulcan Construction Materials, L.P. (together, Black Marsh). Four other complainants live across the river from Black Marsh in a residential development.

The Caroline County Board of Supervisors (Board) issued the permit to Black Marsh under the County zoning ordinance. The permit allowed Black Marsh to extract natural materials but also[..]


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